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HomeMy WebLinkAbout07-16-2008JULY 16, 2008 5:00 P.M. 135 1 1 TOWN BOARD MEETING The Regular Town Board Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Supervisor Tupper presiding. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Cortland County Historian, Jeremy Boylan; Ed Bennedy; Grace Meddaugh; and Sharon Stevans from Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file the Town Board Minutes of April 2, 2008 as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file the Town Board Minutes of April 16, 2008 as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file the Special Town Board Minutes of April 30, 2008 as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file the Town Board Minutes of May 7, 2008 as written. All voting aye, the motion was carried. The Draft Town Board Minutes of May 21, 2008 were presented to the Board for their review. RESOLUTION #139 AUTHORIZE PAYMENT OF VOUCHERS — JULY Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #363 - 386 $ 94,152.75 General Fund B B 113 - B 121 $ 5,484.67 Highway Fund DB D226 - D248 $ 26,477.39 Trust & Agency T8 - T8 $ 35,054.29 Water Fund W 160 - W 169 $ 42,192.00 Sewer Fund S79 - S85 $181,707.02 Supervisor Tupper offered privilege of the floor to Jeremy Boylan. Cortland County Historian, Jeremy Boylan, updated the Board on the events planned for the 2008 Cortland County Bicentennial celebration. Several celebrations had already been held, including a Musical Narrative program, fireworks celebration, a countywide bell ringing, and a historical supplement in the Cortland Standard. Upcoming events included a vintage baseball game, bicentennial barn dance, bicentennial parade, bicentennial ball, and the countywide heritage weekend. Mr. Boylan invited members of the community to join the bicentennial committee to help with the upcoming events. The monthly reports of the Supervisor and Water & Sewer Dept. for the month of June 2008 was on the table for review and is filed in the Town Clerk's Office. 13G JULY 16, 2008 TOWN BOARD MEETING PAGE 2 RESOLUTION #140 ACCEPT ANNUAL FINANCIAL REPORT OF THE CORTLANDVILLE FIRE DISTRICT FOR THE YEAR 2007 Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Financial Report of the Cortlandville Fire District for the year 2007 is hereby accepted and shall be received and filed. Councilman Testa voiced his concern regarding the speed limit on Starr Road, specifically near the Ted Testa Park. He made a motion to adopt a resolution for the reduction in speed limit on Starr Road from the intersection of Route 13 to Page Green Road, from 40 mph to 3 0 mph. RESOLUTION #141 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON STARR ROAD Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, as a result of the newly constructed Ted Testa Park, and a concern for the safety of all those who utilize the Park, Councilman Testa requested a reduction in speed limit on Starr Road from 40 mph to 30 mph, from the intersection of NYS Route 13 to Page Green Road, and WHEREAS, Starr Road is a County road, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the request to reduce the speed limit on the entire length of Starr Road to 30 mph, from the intersection of NYS Route 13 to Page Green Road, be submitted to the NYS DOT for approval, via the Cortland County Highway Superintendent for their input, as required. Councilman Testa discussed the Route 281/Route 13 Corridor Study conducted years ago and the Revised Zoning Ordinance adopted as Local Law No. 1 of 2008. He commented that allowing apartment buildings to be constructed in 132-133 districts "slipped through the cracks." He questioned whether the Board could amend the Zoning Ordinance to prohibit such use in the 132-133 zone. Attorney Folmer stated that the Board could prohibit residences of any sort (single- family, two-family, multi -family) in the B2 or B3 zone by amending the Town Zoning Ordinance. The preamble to the Zoning Ordinance, it clearly indicates that 132-133 zone was intended to be for businesses. Attorney Folmer stated the Board would have to review the zoning map to be sure that residences would not be prohibited in 132-133 zones other than the Route 281 corridor. Councilman O'Donnell questioned the status of the proposed student housing project submitted by United Development Group for Route 13/Route 281, which he was quite concerned about. Attorney Folmer apprised the Board the application for student housing was pending before both the Town Zoning Board of Appeals and the Planning Board. According to Planning/Zoning Officer, Bruce Weber's interpretation of the Zoning Code, the application of United Development Group was a residential application, and therefore does not require an Aquifer Protection Permit. Also, the language of the code does not prohibit such construction. If an applicant wishes to challenge the decision of the Zoning Officer, they do so by making the challenge before the Zoning Board of Appeals (ZBA). The ZBA has the sole authority to interpret the zoning law. At the July 8, 2008 ZBA meeting, Scott Chatfield, the attorney for the appealing parties, made a presentation "in which he suggested that while Mr. Weber's technical meaning of the ordinance was correct, and that this appears under the terms of the ordinance to be residential, a more general construction would indicate that this is really a commercial enterprise." It was also their Attorney Chatfield's opinion that the Town Board intended such application to be commercial when it enacted the new zoning ordinance. Attorney Folmer informed the Board 137 JULY 16, 2008 TOWN BOARD MEETING PAGE 3 that the ZBA adjourned the meeting until July 29, 2008 to allow Attorney Chatfield time to review and respond to communications from Mr. Weber and the applicant's engineer. At the July 29th meeting, the ZBA would be asked to determine whether or not they believe the intention of this Board is to treat the application as a commercial or residential enterprise. Attorney Folmer stated it was not a "clear-cut question" under the terms of the ordinance. If the ZBA determined the matter was a commercial enterprise, an application would be filed with the Town Board for an Aquifer Protection Permit. If the ZBA determined it was in fact residential, the Planning Board would make the final determination and was prepared to conduct a SEQRA Review and vote to either approve or deny the project, assuming that the ZBA made its determination on July 29th Attorney Folmer apprised the Board they could enact a moratorium on the issuance of Conditional Permits or Special Permits for a specific amount of time. The question was whether the Board could enact a moratorium with an application pending. Attorney Folmer stated he would need time to research the process and timeline for a moratorium. In the event that an Aquifer Protection Permit was necessary, Councilman O'Donnell questioned whether the Board would be able to grant such permit. Attorney Folmer apprised the Board the Planning Board had such discussion. Mr. Weber's opinion was that no issues would arise out of the project that would stand in the way of issuance of an Aquifer Permit. On the other hand, it was the opinion of the appealing parties that the Town Board has a broader scope to examine for aquifer protection than the Planning Board does in its review of planning details. Attorney Folmer apprised the Board he spoke with Walt Kalena from Clough Harbour & Associates, who was the "architect" of the Town's zoning ordinance. Attorney Folmer described the project to Mr. Kalena and asked for his input. Mr. Kalena agreed that nobody envisioned such application would be made for the B2-133 zone. It was his opinion that a housing project for 300+ students would be considered commercial. Attorney Folmer stated the Board would have to consider whether or not it was appropriate to consider the enactment of a moratorium at this point. The alternative was to allow the project to go through and amend the zoning ordinance at a later date. Councilman Proud questioned whether a decision made by the Planning Board could be appealed. According to Attorney Folmer, the decision could be appealed by an Article 78 Proceeding if found to be arbitrary and capricious. Councilman Rocco questioned whether the DOT studies were complete regarding traffic and safety, streetlights and sidewalks. Attorney Folmer reported that the Planning Board discussed and considered all of the issues, as did the County Planning Board. A lot of conditions were placed upon any approval of the permit. The real issue raised was whether or not the building should be located in a 132-133 zone. Councilman O'Donnell stated it was up to the Board to take a solid look at the project and straighten out the matter, and to make sure that the situation does not arise in the future. Attorney Folmer understood, but apprised the Board that in order to enact a moratorium, a local law would have to be held. The ZBA was scheduled to meet on July 29th to make a determination, and the Planning Board was scheduled to meet directly afterwards. The Board would not have enough time to enact a moratorium before the pending application moves forward on July 291h. Attorney Folmer stated that the Board did the best job they could when enacting the zoning ordinance. If the Board finds something that is not right, appropriate changes should be made. However, the question was whether the Board should "make changes to stop something ... or make changes to correct something." Supervisor Tupper commented that the Board should have enacted a moratorium when the application was initially submitted rather than two weeks prior to approval of the application. He stated that the Board would be setting itself up for a lawsuit. He suggested that if the Board wanted to amend the zoning ordinance that they do so after the proposed application was either approved or denied. Attorney Folmer stated he did not want the Board to believe that he was suggesting that they not move forward with a moratorium, but that they should be aware of all possible outcomes. Attorney Folmer stated he would research the process for a moratorium and report back to the Board at the next scheduled Board meeting, or that perhaps a special meeting could be held. Attorney Folmer commented that the Planning Board was as thorough with United Development Group's application as they were with the recent Wal-Mart Supercenter project. Councilman Proud stated that in order to address the issue the Board must know what its options are. He suggested Attorney Folmer have the necessary information available for the Board's August 6th meeting. Supervisor Tupper commented that the Board might want to enact a moratorium while amending the zoning ordinance to prevent other similar applications from being submitted. 138 JULY 16, 2008 TOWN BOARD MEETING PAGE 4 Attorney Folmer commented that if there were no other applications pending, it would not be necessary to enact a moratorium. Rather, the Board could begin the process for amending the zoning ordinance. On the other hand, by not taking action at this time the Board would in effect be deferring the decision on this project to the Planning Board. The Board would have to be willing to "live with" the decision made by the ZBA and the Planning Board. He reiterated that if the ZBA determined that the application was residential, that the Planning Board was prepared to vote on the matter. Supervisor Tupper questioned whether the Board understood Attorney Folmer. Councilman Proud stated he did not feel that the Board made a mistake when adopting the zoning ordinance as you "can't see the future clearly enough to know what is going to happen." Attorney Folmer stated that, "When you write a zoning ordinance which says that the purpose of a B2 and B3 zone is for retail sales, commercial, high traffic, so on and so forth, you look at that language and you're not going to suspect that somebody is going to build a multi- family residence in that zone." He continued by stating that, "somebody has examined the ordinance very carefully and has decided that that could be done." However, if that is not what the Board wants then it must make a change to the zoning ordinance. RESOLUTION #142 ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR REVIEW OF ASSESSMENTS Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice of Petition, regarding their current assessment, from New Plan Realty Trust for property located at 3654-3666 Route 281, tax map #96.09-01-02.200. Attorney Folmer reported: Local Law - Wind Energy Conversion Systems: Attorney Folmer stated the Board received a rough draft of a Windmill Ordinance, which would also be circulated to the Planning Board and Zoning Board of Appeals. Supervisor Tupper complemented CEO Tom Williams for his hard work on the draft ordinance. Verizon New York Inc. - Certiorari Proceeding: Attorney Folmer apprised the Board that the Assessment Certiorari Proceeding filed by Verizon New York Inc. in 2007, was almost settled. He requested the Board authorize him to sign the stipulation to discontinue the Certiorari proceeding when Town Assessor, David Briggs, indicates to him that the stipulation he has in hand is appropriate. RESOLUTION #143 AUTHORIZE TOWN ATTORNEY TO SIGN THE STIPULATION TO DISCONTINUE THE CERTIORARI PROCEEDING FILED BY VERIZON NEW YORK INC. IN THE YEAR 2007 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Town Attorney, John B. Folmer to sign the stipulation to discontinue the Assessment Certiorari Proceeding filed by Verizon New York Inc. in 2007, once Town Assessor, David Briggs indicates that the stipulation is appropriate, and it is further RESOLVED, the stipulation would correct the 2007, 2008 and the 2009 Town and County Tax Bills. 139 JULY 16, 2008 TOWN BOARD MEETING PAGE 5 Lead Agency for United Development Group: With regard to the United Development Group application for a student housing complex, Attorney Folmer requested the Board adopt a resolution to defer lead agency status to the Planning Board for SEQRA purposes, in the event that the Zoning Board of Appeals determined the application to be commercial. He explained that in the event that the ZBA determined the application was commercial, an Aquifer Protection Permit would be necessary, which would require a SEQRA review. The Planning Board had already done a lot of work with SEQRA, and if it were necessary they could make a recommendation to the Town Board. RESOLUTION #144 DEFER LEAD AGENCY STATUS TO THE CORTLANDVILLE PLANNING BOARD WITH REGARD TO THE APPLICATION SUBMITTED BY UNITED DEVELOPMENT GROUP FOR "CORTLAND COLLEGE SUITES" Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby defer Lead Agency status to the Cortlandville Planning Board with regard to the application submitted by United Development Group for the proposed "Cortland College Suites," property located off Route 281/Route 13, tax map #95.16- 01-09.100, 14, 15, 16, 17.200 & 19.200, in the event that the Zoning Board of Appeals determines the application to be a Commercial Development. Councilman Testa made a motion, seconded by Councilman Proud, to receive and file correspondence from Deborah VanAmerongen, Chairperson for the New York State Housing Trust Fund Corporation, dated June 20, 2008, regarding approval of the Unified Funding Grant Application in the amount of $384,000 for the Town -wide Senior Housing Project in the Town of Cortlandville. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file Recommendations from the Cortland County Planning Department, dated June 13, 2008, as well as County Planning Board Resolution 08-25, dated June 18, 2008, regarding the Aquifer Protection Permit Application submitted by Edward Bennedy, property located at 2329 Bacon Road, tax map #97.02-01-14.200. All voting aye, the motion was carried. Attorney Folmer reported that the Zoning Board of Appeals granted the applicant, Edward Bennedy, a variance. The Planning Board approved the site plan application, and recommended the Town Board issue an Aquifer Protection Permit. RESOLUTION #145 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT SUBMITTED BY EDWARD BENNEDY FOR PROPERTY LOCATED OFF BACON ROAD Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for August 6, 2008 at 7:00 p.m. for an Aquifer Protection Permit application submitted by Edward Bennedy, for property located off Bacon Road, tax map #97.02-01-14.200. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Fiscal Advisors & Marketing, Inc., dated June 2, 2008, regarding the Material Events Notification for a rate change. All voting aye, the motion was carried. 1yo JULY 16, 2008 TOWN BOARD MEETING PAGE 6 There was discussion regarding the re -striping of Fairview Drive at the intersection of McLean Road, which was required under the SEQRA Findings Statement for the approved Wal- Mart Supercenter. Supervisor Tupper explained that Fairview Drive is a Town road, while McLean Road is a County road. Highway Sup't. Bush and County Highway Sup't. Chambers reviewed the intersection and rejected the alteration. According to Highway Sup't. Bush and Chambers, the only way to correct the intersection would be to reconstruct the entire intersection at a cost of over $100,000. Painting new lines at the intersection would not solve the problem However, before they were able to proceed with construction of the Wal-Mart Supercenter, and in order to satisfy the SEQRA requirement, APD Engineering & Architecture requested the Board establish an escrow account for re -striping the road in the future, in the amount of $1,419.55. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from APD Engineering & Architecture, PLLC regarding the establishment of a Wal-Mart escrow account relative to the re -striping of Fairview Drive at the intersection of McLean Road, dated July 10, 2008. All voting aye the motion was carried. RESOLUTION #146 AUTHORIZE SUPERVISOR TO ESTABLISH ESCROW ACCOUNT FOR THE RE -STRIPING OF FAIRVIEW DRIVE AT THE INTERSECTION OF MCLEAN ROAD Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, in order to satisfy the SEQRA Findings Statement for the Wal-Mart Supercenter, Aquifer Protection Permit #5 of 2007, APD Engineering & Architecture, PLLC requested the Town establish an escrow account relative to the re -striping of Fairview Drive at the intersection of McLean Road to allow for a dedicated left turn lane, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to establish an escrow account for the re -striping of Fairview Drive at the intersection of McLean Road, in the amount of $1419.55, to be paid by Wal-Mart Supercenter. No further comments or discussion were heard. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:20 p.m. Respectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on September3, 2008.